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EEOC Finds White Male BOP Guard Discriminated Against in Promotion Denial

An Administrative Law Judge with the Equal Employment Opportunity Commission found The Bureau of Prisons discriminated against Samuel M. Rissitelli, Jr., “on the basis of his gender (“Male”) and race (“White”)” when he “was not selected for the position of ‘Correctional Treatment Specialist’ aka ‘Case Manager’ on or about July 7, 1995.”

Rizzitelli was a guard at FCI Danbury in Connecticut when he applied for the position of Case Manager.  A lesser qualified black woman was awarded the position.  The Warden admitted he applied affirmative action principles in making the award.

The EEOC complaint was filed on October 3, 1995.  The Administrative Judge entered his ruling on November 3, 1998.  He ordered Rissitelli be awarded a position as a Correctional Treatment Specialist effective July 7, 1995; that he receive mitigated back wages from that date and appropriate seniority.

The Department of Justice also awarded him $3,000 in non-pecuniary damages and $390 in pecuniary damages.  See:  Rizzitelli v. Reno, Equal Employment Opportunity Commission, Case No 160-96-8534X.

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Related legal case

Rizzitelli v. Reno